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WA Can Minors' Guardians Refuse Their Inheritance?

Discussion in 'Wills and Estate Planning Law Forum' started by WendyW, 31 August 2015.

  1. WendyW

    WendyW Member

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    My grandfather was a 'funny' man who in his will claimed his 2 sons, 1 being my father, offered him no moral support and therefore were not to receive any of his 3 properties even though they maintained the properties and looked after him whenever needed.

    He instead singled out and left 2 of his properties to 2 of his great grandchildren, whom he had never met, which they will receive as inheritance upon turning 21. The 3rd property is to be used towards their education. There are however 10 great grandchildren in total.

    The minors' guardians are wanting to be fair and refuse it on the children's behalf and return it in equal shares to the deceased's 2 sons. Do they have this power?

    I think this would be the only way to rectify this mess.

    My grandfather did continually tease my father and uncle that the properties were all theirs in order to keep them maintaining them but from some reading I've done this is probably not enough unless major detriment was caused.

    Any help appreciated!
     
  2. AdValorem

    AdValorem Active Member

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    Who are the backup beneficiaries in the will if the 2 grandchildren refuse to take the gifts?
    Who is to receive the residue of the estate under the will?
     
  3. WendyW

    WendyW Member

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    The residue was to be used for their education until 21. However we've just been told there is partial intestacy due to wording missing in relation to what is to happen to the residuary after they turn 21. Something to do with tenants in common i think. Weve had differing conclusions. Some say the sons would then get the residuary immediately, others say once the minors are 21 the sons would get it. Due to the intestacy, even though the will specifically says they are to get nothing.
    But it is the properties left to the minors that all are in agreeance should go to the sons. We are just trying to find out how. Weve been told it will not be likely due to the childrens best interest and the sons not being in need.
     
  4. AdValorem

    AdValorem Active Member

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    Hi Wendy
    The circumstances that you describe may be suitable for a deed of family arrangement. Such an agreement allows a beneficiary mentioned in the Will to redirect their benefit to another person. The problem that may arise in the preparation and execution of such a deed is that the beneficiaries are still minors. You need to retain the services of a lawyer specialising in estate litigation and administration to advise the sons on the best course of action.
     
  5. WendyW

    WendyW Member

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    Thankyou
     

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